Streets and Highways Code

§ 1 This act shall be known as the Streets and Highways Code. (Enacted by Stats. 1935, Ch. 29.) § 2 The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Enacted by Stats. 1935, Ch. 29.) § 5 Unless the particular provision or the context otherwise requires, the definitions, rules of construction, and general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1935, Ch. 29.) § 6 Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, part, chapter, article or section hereof. (Enacted by Stats. 1935, Ch. 29.) § 7 Whenever any power or authority is given to, or any duty is imposed upon, any person by any provision of this code it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person. (Enacted by Stats. 1935, Ch. 29.) § 8 Whenever any notice, report, petition, permit, statement or record is required by this code, it shall be made in writing in the English language. (Enacted by Stats. 1935, Ch. 29.) § 9 Whenever any reference is made to any portion of this code or of any other law, such reference shall apply to all amendments and additions thereto. (Enacted by Stats. 1935, Ch. 29.) § 10 “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1935, Ch. 29.) § 11 The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1935, Ch. 29.) § 12 The masculine gender includes the feminine and neuter. (Enacted by Stats. 1935, Ch. 29.) § 12.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 113. (SB 1005) Effective January 1, 2017.) § 13 The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1935, Ch. 29.) § 14 “County” includes “city and county.” (Enacted by Stats. 1935, Ch. 29.) § 15 “City” includes “city and county” and “incorporated town.” (Enacted by Stats. 1935, Ch. 29.) § 16 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1935, Ch. 29.) § 17 “Oath” includes affirmation. (Enacted by Stats. 1935, Ch. 29.) § 18 “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1935, Ch. 29.) § 19 “Person” means any person, firm, partnership, association, corporation, organization, limited liability company, or business trust. (Amended by Stats. 1994, Ch. 1010, Sec. 224. Effective January 1, 1995.) § 20 “Department” means the Department of Transportation of this state. Any reference in any law or regulation to the Department of Public Works shall be deemed to refer to the Department of Transportation. (Amended by Stats. 1972, Ch. 1253.) § 21 “Director” means the director of the department. (Enacted by Stats. 1935, Ch. 29.) § 22 Unless the particular provision or the context otherwise requires, “commission” means the California Transportation Commission. Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission. (Amended by Stats. 1980, Ch. 777, Sec. 1.) § 22.5 Whenever the term “Business, Transportation and Housing Agency” appears within the Streets and Highways Code, it shall refer to the Transportation Agency, and whenever the term “Secretary of Business, Transportation and Housing” appears within the Streets and Highways Code, it shall refer to the Secretary of Transportation. (Added by Stats. 2013, Ch. 352, Sec. 515. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) § 23 As used in this code, unless the particular provision or the context otherwise requires, “highway” includes bridges, culverts, curbs, drains, and all works incidental to highway construction, improvement, and maintenance. (Enacted by Stats. 1935, Ch. 29.) § 23.5 “Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access. If, in the judgment of the commission or the director, the public interest would be advanced thereby, a freeway, as defined herein, may be denominated a “controlled access highway”. In all other respects, the “controlled access highway” shall be subject to all provisions of this code pertaining to freeways. (Amended by Stats. 1980, Ch. 777, Sec. 2.) § 24 As used in this code, “State highway” means any highway which is acquired, laid out, constructed, improved or maintained as a State highway pursuant to constitutional or legislative authorization. (Enacted by Stats. 1935, Ch. 29.) § 25 As used in this code, “county highway” means any highway which is: (a) Laid out or constructed as such by the county. (b) Laid out or constructed by others and dedicated or abandoned to or acquired by the county. (c) Made a county highway in any action for the partition of real property. (d) Made a county highway pursuant to law. (Enacted by Stats. 1935, Ch. 29.) § 26 As used in the general provisions and in Divisions 1 (commencing with Section 50), 2 (commencing with Section 900), and 2.5 (commencing with Section 1800), unless the context or a specific provision otherwise requires, “acquire,” or any of its variants, when used with reference to real property or any interest therein, includes, but is not limited to, both of the following: (a) Taking by condemnation, purchase, or lease. (b) Receiving by donation or dedication. (Amended by Stats. 1986, Ch. 780, Sec. 1.) § 27 As used in the general provisions and in Divisions 1 (commencing with Section 50), 2 (commencing with Section 900), and 2.5 (commencing with Section 1800), “maintenance” includes any of the following: (a) The preservation and keeping of rights-of-way, and each type of roadway, structure, safety convenience or device, planting, illumination equipment, and other facility, in the safe and usable condition to which it has been improved or constructed, but does not include reconstruction or other improvement. (b) Operation of special safety conveniences and devices, and illuminating equipment. (c) The special or emergency maintenance or repair necessitated by accidents or by storms or other weather conditions, slides, settlements, or other unusual or unexpected damage to a roadway, structure, or facility. The degree and type of maintenance for each highway, or portion thereof, shall be determined in the discretion of the authorities charged with the maintenance thereof, taking into consideration traffic requirements and moneys available therefor. (Amended by Stats. 1986, Ch. 780, Sec. 2.) § 28 If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1935, Ch. 29.) § 29 “Construction” includes: (a) Acquisition of rights-of-way and material sites and the payment of damage claims under Section 14 of Article I of the Constitution. (b) Construction. (c) Reconstruction. (d) Replacement. (e) Any improvement excepting maintenance as defined in Section 27. (f) Such improvements, without being limited thereto, may include, where capital outlay is required, provision for special safety conveniences and devices, roadside planting and weed control, and such illumination of streets, roads, highways, and bridges as in the judgment of the body authorized to expend such funds is required for the safety of persons using the same. (Amended by Stats. 1959, Ch. 113.) § 30 “State Highway Account” means the State Highway Account in the State Transportation Fund. (Added by Stats. 1980, Ch. 777, Sec. 3.) § 35 “Vista point” means any signed roadside area on the state highway system developed and maintained by the department for the purpose of providing the motorist with a place to stop to view the scenic panorama or points of visual interest. (Added by Stats. 1986, Ch. 920, Sec. 1. Effective September 22, 1986.) § 36 For the purposes of this code, “recycled water” or “reclaimed water” has the same meaning as recycled water as defined in subdivision (n) of Section 13050 of the Water Code. (Added by Stats. 1995, Ch. 28, Sec. 10.5. Effective January 1, 1996.) § 50 Division 1, Chapter 1, Article 1 Any reference in any law or regulation to the State Highway Engineer shall be deemed to refer to the director. (Repealed and added by Stats. 1972, Ch. 1253.) § 70 Division 1, Chapter 1, Article 2 (a) The California Highway Commission is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of the California Highway Commission. (b) Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission. (c) The California Transportation Commission shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the California Highway Commission. (Repealed and added by Stats. 1977, Ch. 1106.) § 70.2 Division 1, Chapter 1, Article 2 It is hereby declared to be the policy of the Legislature to provide for advance planning and continuity of fiscal policy in the construction and improvement of the state highway system and in the administration of the expenditures from the State Highway Account. The commission shall follow such policy in so far as possible. (Amended by Stats. 1980, Ch. 777, Sec. 4.) § 71 Division 1, Chapter 1, Article 2 The commission may alter or change the location of any State highway if in the opinion of the commission such alteration or change is for the best interest of the State. (Amended by Stats. 1935, Ch. 514.) § 72 Division 1, Chapter 1, Article 2 (a) The department shall do all of the following with respect to Route 480 in the City and County of San Francisco, commonly known as the Embarcadero Freeway, if approval for the use of federal emergency relief funds for that purpose is received from the appropriate federal agency: (1) Remove the earthquake-damaged structure as quickly as possible. (2) Retain that portion of the right-of-way that is necessary for new ramps and transfer to the City and County of San Francisco the remaining portions of the Route 480 right-of-way. (3) Jointly agree with the City and County of San Francisco on a system of ramps and city streets that would essentially provide motorists with accessibility comparable to that provided by Route 480. (b) The City and County of San Francisco shall do both of the following: (1) Construct the system of ramps and city streets and utilize the Route 480 right-of-way or the proceeds from sales of that right-of-way for the sole purpose of constructing an alternate system of local streets pursuant to paragraph (3) of subdivision (a). (2) Upon the transfer of that right-of-way pursuant to this section, accept all obligations and liabilities associated with that right-of-way. (c) The total amount of state and federal funds to be expended by the state for the purposes of this section shall not exceed the amount of state and federal funds which would have been expended to repair and reopen the segment to traffic as a state highway. (d) Nothing in this section or Section 253.8 shall be construed to prohibit the selection, development, and operation of a project pursuant to Section 143. (Added by Stats. 1991, Ch. 498, Sec. 1.) § 72.1 Division 1, Chapter 1, Article 2 (a) For purposes of this section, the following terms have the following meanings: (1) “Central Freeway Replacement Project” is the department and city designated alternative transportation system to the damaged Central Freeway. (2) “City” is the City and County of San Francisco. (3) “Freeway Project” includes demolition of the existing commonly known Central Freeway, construction of a new freeway between Mission Street and Market Street, and construction of ramps to, and from, the new freeway. (4) “Octavia Street Project” is the improvement of Octavia Street from Market Street north as a ground level boulevard. (b) The Legislature finds and declares all of the following: (1) That portion of Route 101 located in the city and commonly known as the Central Freeway was severely damaged in the 1989 Loma Prieta earthquake. This damage to the Central Freeway caused and continues to cause significant traffic congestion. (2) Following the Loma Prieta earthquake, the department and the city, with substantial public involvement, selected the Central Freeway Replacement Project as an alternative transportation system to the damaged Central Freeway. The Central Freeway Replacement Project includes the Freeway Project consisting of the demolition of the existing Central Freeway, construction of a new freeway between Mission Street and Market Street, and the construction of ramps to, and from, the new freeway, and the Octavia Street Project, consisting of improvement of Octavia Street from Market Street north as a ground level boulevard. The Central Freeway Replacement Project will remediate traffic congestion problems and allow the city to reclaim unnecessary rights-of-way for beneficial public uses. (3) The implementation of an alternative transportation system is in the best interests of the people of the State of California. (4) No portions of Route 101 north of Fell Street and south of Turk Street are needed for the Central Freeway Replacement Project or for the proposed alternative project to be placed before the voters as Proposition J in the general municipal election of November 1999. (c) (1) The Legislature recognizes that the Central Freeway Replacement Project adopted by the city’s voters, as local measure Proposition E in November 1998 qualifies for the statutory exemption under Section 180.2. (2) The Legislature further recognizes that the proposed alternative project included in Proposition J also qualifies for the statutory exemption under Section 180.2. (3) Notwithstanding paragraph (1), any development of property transferred to the city pursuant to this section may, to the extent required by applicable law, require subsequent environmental analysis by the city at the time at which the specific proposals for the use of that property are developed. (d) That portion of Route 101 between Market Street and Turk Street is not a state highway, except that if the proposed alternative to the Octavia Street Project is approved by the voters in the general municipal election of November 1999, only that portion of Route 101 between Fell Street and Turk Street is not a state highway. (e) The department shall retain jurisdiction over the portion of Route 101 that is between Mission Street and either Market Street or Fell Street, depending on which project is approved by the voters in the general municipal election of November 1999, and shall promptly transfer to the city any portion of Route 101 that is not a state highway under subdivision (d). (f) The following shall apply if the voters do not approve the alternative project in the general municipal election of November 1999: (1) The city shall utilize any proceeds from the disposition or use of excess rights-of-way for the purpose of designing, constructing, developing, and maintaining the Octavia Street Project until the city’s share of the costs of that project are paid in full or funded from other sources. Upon the full funding of the city’s share of the Octavia Street Project, the city shall utilize any remaining proceeds from the sale of excess rights-of-way solely for the transportation and related purposes authorized under Article XIX of the California Constitution. (2) Upon notification to the department by the San Francisco County Transportation Authority that the city is prepared to implement an interim traffic management plan, the department shall proceed expeditiously with demolition of the portion of Route 101 between Fell and Mission Streets. The department shall design and construct the Freeway Project, and the city shall design and construct the Octavia Street Project, and each project shall be consistent with the Central Freeway Replacement Project. (Amended by Stats. 2003, Ch. 525, Sec. 15. Effective January 1, 2004.) § 73 Division 1, Chapter 1, Article 2 The commission shall relinquish to any county or city any portion of any state highway within the county or city that has been deleted from the state highway system by legislative enactment, and the relinquishment shall become effective upon the first day of the next calendar or fiscal year, whichever first occurs after the effective date of the legislative enactment. It may likewise relinquish any portion of any state highway that has been superseded by relocation. Whenever the department and the county or city concerned have entered into an agreement providing therefor, or the legislative body of the county or city has adopted a resolution consenting thereto, the commission may relinquish, to that county or city, any frontage or service road or outer highway, within the territorial limits of the county or city, which has a right-of-way of at least 40 feet in width and which has been constructed as a part of a state highway project, but does not constitute a part of the main traveled roadway thereof. The commission may also relinquish, to a county or city within whose territorial limits it is located, any nonmotorized transportation facility, as defined in Section 887, constructed as part of a state highway project if the county or city, as the case may be, has entered into an agreement providing therefor or its legislative body has adopted a resolution consenting thereto. Relinquishment shall be by resolution. A certified copy of the resolution shall be filed with the board of supervisors or the city clerk, as the case may be. A certified copy of the resolution shall also be recorded in the office of the recorder of the county where the land is located and, upon its recordation, all right, title, and interest of the state in and to that portion of any state highway shall vest in the county or city, as the case may be, and that highway or portion thereof shall thereupon constitute a county road or city street, as the case may be. The vesting of all right, title, and interest of the state in and to portions of any state highways heretofore relinquished by the commission, in the county or city to which it was relinquished, is hereby confirmed. Prior to relinquishing any portion of a state highway to a county or a city, except where required by legislative enactment, the department shall give 90 days’ notice in writing of intention to relinquish to the board of supervisors, or the city council, as the case may be. Where the resolution of relinquishment contains a recital as to the giving of the notice, adoption of the resolution of relinquishment shall be conclusive evidence that the notice has been given. The commission shall not relinquish to any county or city any portion of any state highway that has been superseded by relocation until the department has placed the highway, as defined in Section 23, in a state of good repair. This requirement shall not obligate the department for widening, new construction, or major reconstruction, except as the commission may direct. A state of good repair requires maintenance, as defined in Section 27, including litter removal, weed control, and tree and shrub trimming to the time of relinquishment. Within the 90-day period, the board of supervisors or the city council may protest in writing to the commission stating the reasons therefor, including, but not limited to, objections that the highway is not in a state of good repair, or is not needed for public use and should be vacated by the commission. In the event that the commission does not comply with the requests of the protesting body, it may proceed with the relinquishment only after a public hearing given to the protesting body on 10 days’ written notice. (Amended by Stats. 1998, Ch. 877, Sec. 8. Effective January 1, 1999.) § 73.01 Division 1, Chapter 1, Article 2 (a) The commission may relinquish to a county transportation commission created pursuant to Chapter 1 (commencing with Section 130000) of Division 12 of the Public Utilities Code, a joint powers authority formed for purposes of providing transportation services, a transit district, or a regional transportation planning agency, a park-and-ride lot within their respective jurisdictions, on terms and conditions that the commission finds to be within the best interests of the state, if the department enters into an agreement with the county transportation commission, joint powers authority, the transit district, or regional transportation planning agency providing for that relinquishment. (b) The county transportation commission, joint powers authority, the transit district, or regional transportation planning agency requesting the relinquishment shall agree to maintain, at a minimum, the number of parking spaces provided by the department in the lot at the time of relinquishment. The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (Amended by Stats. 2014, Ch. 315, Sec. 1. (SB 1368) Effective January 1, 2015.) § 73.1 Division 1, Chapter 1, Article 2 The commission may relinquish State Route 275, the Tower Bridge, to one or more cities in which it is located, upon agreement of the city or cities to accept it and pursuant to those terms the commission finds to be in the best interest of the state. A relinquishment under this section shall become effective upon the first day of the next calendar or fiscal year, whichever occurs first, after the effective date of the commission’s approval of the terms. (Amended by Stats. 2015, Ch. 12, Sec. 6. (AB 95) Effective June 24, 2015.) § 73.3 Division 1, Chapter 1, Article 2 Upon determination by the commission that it is in the best interest of the state to do so, the commission may, upon terms and conditions approved by it, relinquish State Route 224 from post mile 0.0 to post mile 1.7 to a city in which that segment of the highway is located, if the city has agreed to accept the relinquishment. The relinquishment shall be effective on the day immediately following the date of the approval of the terms and conditions by the commission. (Added by Stats. 1996, Ch. 10, Sec. 5. Effective February 9, 1996.) § 73.4 Division 1, Chapter 1, Article 2 (a) For purposes of this section, “infrastructural barrier” means a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following: (1) Obstacles to walking, biking, or mobility. (2) Diminished access to destinations across the infrastructural barrier. (3) Barriers to the economic development of the surrounding neighborhood. (b) In addition to relinquishments pursuant to Section 73, the commission may also, for relinquishments initiated under this section on or after January 1, 2023, relinquish a portion of a state highway that constitutes an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway. (c) A relinquishment pursuant to subdivision (b) may only occur if all of the following conditions are met: (1) The portion of the state highway is located within the territorial limits of the city or county entering into the agreement. (2) The commission determines the relinquishment is in the best interest of the state. (3) The commission holds a public hearing on the proposed relinquishment to solicit input from the public. (4) The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure. (5) The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway. (6) Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier. (7) A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow. (8) The relinquishment is consistent with federal law and regulations and does not require reimbursement to the federal government of any federal funding. (9) The relinquishment is consistent with Article XIX of the California Constitution. (10) The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met: (A) There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks. (B) A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact. (C) The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified. (d) A relinquishment under this section shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment. (e) On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur: (1) The relinquished portion of state highway shall cease to be a state highway. (2) The relinquished portion of state highway shall be ineligible for future adoption under Section 81. (f) This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section. (Added by Stats. 2022, Ch. 940, Sec. 2. (AB 512) Effective January 1, 2023.) § 73.5 Division 1, Chapter 1, Article 2 Whenever any area has been or may hereafter be constituted a National park or be added to any existing National park and jurisdiction thereover has been ceded by the Legislature to the United States, any lands within such area acquired for highway purposes may be conveyed by the department to the United States on such terms as the commission shall approve. (Added by Stats. 1939, Ch. 292.) § 74 Division 1, Chapter 1, Article 2 Any city or county aggrieved by any decision of the department, under the provisions of Division 3 (commencing with Section 2004.5) or under the provisions of Sections 186.3 and 186.5, may, within 30 days after such decision, petition the commission for a hearing. If a petition is filed, the commission shall hear the petition as soon as conveniently possible and after reasonable notice to such city or county. The commission shall make its order allowing or disallowing the petition, in whole or in part, and the commission’s order shall be final and conclusive. (Amended by Stats. 1980, Ch. 777, Sec. 5.) § 74.5 Division 1, Chapter 1, Article 2 The planning commission and legislative body of a city or county shall, prior to recommending the adoption of a state highway route by the Legislature or the selection of a state highway location by the commission, conduct a public hearing on the subject. (Amended by Stats. 1980, Ch. 777, Sec. 6.) § 75 Division 1, Chapter 1, Article 2 Except as otherwise provided by law, the commission at any time and from time to time may: (a) Select, adopt, and determine the location for State highways on routes authorized by law. (b) Allocate, from the funds available therefor, moneys for the construction, improvement or maintenance of the various highways or portions thereof under the jurisdiction of the department. The commission may determine in each case the maximum sum of money that shall be made available therefor. (c) Authorize preliminary surveys to determine the advisability of including in or excluding from the State highway system any highway or portion thereof. (Enacted by Stats. 1935, Ch. 29.) § 75.9 Division 1, Chapter 1, Article 2 Upon the selection, adoption, and determination of the location for a state highway or freeway, the commission shall notify all planning agencies and legislative bodies having responsibility pursuant to Section 65300 of the Government Code for the adoption of the general plan or plans in the area affected by such commission action. Within 90 days after receipt of such notice, all such planning agencies and legislative bodies shall revise the circulation element of their general plans to reflect such commission action. (Added by Stats. 1970, Ch. 874.) § 76 Division 1, Chapter 1, Article 2 There is hereby delegated to the commission by the Legislature of the State of California full power and authority to request or accept on behalf of the State of California any grant or grants or modifications of grants made by any executive agency of the United States whereby rights-of-way for the extension, maintenance or operation of state roads or bridges across property of the United States of America are desired or have been granted to the State of California or to any political subdivision thereof. (Amended by Stats. 1967, Ch. 1310.) § 77 Division 1, Chapter 1, Article 2 The commission may accept, by appropriate resolution, a grant or modification of a grant of right-of-way for any of the roads mentioned in Section 76 across property of the United States of America. (Repealed and added by Stats. 1967, Ch. 1310.) § 77.5 Division 1, Chapter 1, Article 2 Notwithstanding any other provision of law, the Governor of the State of California is authorized to accept any retrocession of legislative jurisdiction offered by the United States of America over real property upon which an easement for a right-of-way or any other interest for highway purposes has been granted by the federal government to the State of California. The execution and delivery of acceptance of retrocession of legislative jurisdiction by the Governor of California shall be recorded in the office of the county recorder where the land is located and in the office of the State Lands Commission. The State Lands Commission shall maintain a permanent public record of such acceptances as part of the index relating to jurisdiction of the United States of lands in the State of California required by Section 127 of the Government Code. (Amended by Stats. 1974, Ch. 473.) § 78 Division 1, Chapter 1, Article 2 Any of the said grants received by the State of California and accepted by the commission, or relocations of such rights of way so received in any military reservation, shall by the acceptance thereof become a part of the system of public highways of the State. (Added by Stats. 1935, Ch. 144.) § 79 Division 1, Chapter 1, Article 2 This delegation of power to the commission shall not be deemed exclusive, but any of the powers herein enumerated may continue to be exercised by the Legislature itself while in session. (Added by Stats. 1935, Ch. 144.) § 80 Division 1, Chapter 1, Article 2 The commission shall act by resolution or by vote or order entered in its minutes. (Added by Stats. 1947, Ch. 436.) § 81 Division 1, Chapter 1, Article 2 Except as is provided in Section 2109, whenever there exists between the termini of, and approximately on, any route included in the state highway system a traversable highway, the commission shall adopt the same as the state highway between such termini. The commission may adopt a portion of any such road if it determines that such portion is constructed to adequate standards and if such portion is contiguous to a portion of the state highway system presently being maintained by the department. If more than one such traversable highway exists, the commission shall determine and designate which of such highways shall constitute the state highway. The traversable highways thus selected and adopted shall be state highways in all respects the same as if originally constructed or acquired by the state, subject to all laws applicable to state highways. All acts and actions of the commission and the department with respect to the taking over and maintenance of such highways heretofore taken are hereby approved and ratified. (Amended by Stats. 1967, Ch. 1342.) § 82 Division 1, Chapter 1, Article 2 Whenever a traversable highway is adopted as a state highway as provided in Section 81, written notice of such action shall be given to the board of supervisors of each county and to the city council of each city within which such highway or any portion thereof is located. The filing of a certified copy of the resolution or order of the commission with the local authority shall be a sufficient notice of the action of the commission. (Added by Stats. 1947, Ch. 436.) § 83 Division 1, Chapter 1, Article 2 Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction thereover and responsibility for the maintenance thereof. (Added by Stats. 1947, Ch. 436.) § 84 Division 1, Chapter 1, Article 2 Before the department commences the construction of any state highway or of any bridge, viaduct, conduit, pipe, trestle, or other obstruction in connection therewith across any cove, bay, or inlet of the ocean in this state, the department shall submit the plans of the proposed project, insofar as they might affect the use of such cove, bay, or inlet as a small boat harbor, to the Department of Boating and Waterways and shall consider any suggestions made with respect to the integration of the proposed highway project with any proposed plan for the development of a small boat harbor. (Amended by Stats. 1980, Ch. 777, Sec. 7.) § 84.5 Division 1, Chapter 1, Article 2 During the design hearing process relating to state highway projects that include the construction by the department of a new bridge across a navigable river, there shall be included full consideration of, and a report on, the feasibility of providing a means of public access to the navigable river for public recreational purposes. (Amended by Stats. 1980, Ch. 777, Sec. 8.) § 85 Division 1, Chapter 1, Article 2 In order to provide the commission with an independent evaluation of routing proposals as the commission may desire from time to time, the commission may contract with specialists, including, but not limited to, persons trained and experienced in engineering, economics, landscape and design architecture, fish and wildlife management, park and recreation management, history and sociology, agriculture, and urban and regional planning. The commission is authorized to expend any funds in the State Highway Account to carry out the provisions of this section. (Amended by Stats. 1980, Ch. 777, Sec. 9.) § 86 Division 1, Chapter 1, Article 2 The commission may delegate to the department any ministerial or administrative power, duty, responsibility, or function of the commission. The delegations authorized herein shall be upon such conditions and terms as the commission deems appropriate. (Amended by Stats. 1979, Ch. 102.) § 90 Division 1, Chapter 1, Article 3 The department shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission. (Amended by Stats. 1965, Ch. 1018.) § 90.1 Division 1, Chapter 1, Article 3 The powers and duties enumerated in this section are intended to give the department broader authority to recruit and retain qualified civil engineers. (a) The department shall develop and implement a recruitment and incentive program for highway engineer positions which may include, but not be limited to, participation by the department in the repayment of student loans of persons recruited through the program. The department shall not expend more than one hundred twenty-five thousand dollars ($125,000) annually to develop and implement the student loan program, which may be paid from funds available to the department from the State Highway Account. (b) The department shall determine the number of engineers needed in each of its 12 transportation districts and shall recruit engineers based on the personnel-year needs in each of the districts. (c) In order to achieve the recruiting goal specified in subdivision (b), the director may offer salaries to prospective employees at any pay level above the lowest salary step, not to exceed the maximum of the range for which that person is qualified. Salaries of existing employees with similar qualifications in the same transportation district shall be increased to that level. (d) To encourage registration, persons employed in the department’s civil engineering entry level classification shall be eligible to advance to a higher salary range within the appropriate classification, as specified in the agreement entered into by the department and Professional Engineers in California Government on May 3, 1991. Movement within this range remains subject to performance criteria. (e) The department shall provide training or reimbursement for departmental approved training and related expenses to prepare employees for engineering license and certificate examinations. This training shall include, but is not limited to, preparation for civil engineering, land surveying, or landscape architect license examinations, and engineer-in-training or land surveyor-in-training certificate examinations. Employees shall be allowed time off without loss of compensation to attend departmental approved training or educational preparation for those licenses and certificates. (f) The director may offer student loans of up to five thousand dollars ($5,000) per student for tuition, room, board, and expenses directly related to school attendance, to students enrolled in land surveying or Accreditation Board for Engineering and Technology (ABET) certified structural and civil engineering curriculums. While these loans are intended to help recruit new engineers into the department, the director is not precluded from offering student loans to permanent state employees, at the discretion of the director. The student or employee shall be obligated to repay the entire loan to the department. However, for the first two years the employee works for the department, or the first two additional years an employee agrees to stay with the department, five hundred dollars ($500) of the loan shall be forgiven. For every additional year of employment after the first two or additional two years, one thousand dollars ($1,000) of the loan shall be forgiven. If the employee voluntarily leaves the employment of the department prior to the entire loan being forgiven, the employee shall pay the remaining portion of the loan in accordance with a proportionate repayment policy adopted by the director. Criteria shall be established by the director to administer this program. (g) The complexity of the department’s engineering work and the level of responsibility imposed on the department’s engineering staff have increased significantly. For example, engineering oversight for projects funded from sources such as county tax measures for transportation and the contracting out for basic engineering services have significantly increased that complexity and level of responsibility. To reflect this increase in complexity and level of responsibility, the first level of supervision for engineering positions shall be as specified in the agreement entered into by the department and Professional Engineers in California Government on May 3, 1991. (Amended by Stats. 1991, Ch. 305, Sec. 1. Effective August 2, 1991.) § 91 Division 1, Chapter 1, Article 3 The department shall improve and maintain the state highways, including all traversable highways which have been adopted or designated as state highways by the commission, as provided in this code. (Added by Stats. 1947, Ch. 436.) § 91.2 Division 1, Chapter 1, Article 3 (a) The department shall perform construction inspection services for projects on or interfacing with the state highway system authorized pursuant to Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code. The department shall use department employees or consultants under contract with the department to perform the services described in this subdivision and subdivision (b), consistent with Article XXII of the California Constitution. Construction inspection services performed by the department for those projects include, but are not limited to, material source testing, certification testing, surveying, monitoring of environmental compliance, independent quality control testing and inspection, and quality assurance audits. The construction inspection duties and responsibilities of the department shall include a direct reporting relationship between the inspectors and senior department engineers responsible for all inspectors and construction inspection services. The senior department engineer responsible for construction inspection services shall be responsible for the acceptance or rejection of the work. (b) Notwithstanding any other law, the department shall retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety is jeopardized on a project on or interfacing with the state highway system authorized pursuant to Chapter 6.5 (commencing with Section 6820) of Part 1 of Division 2 of the Public Contract Code. The department shall ensure that public safety and convenience is maintained whenever work is performed under an encroachment permit within the state highway right-of-way, including, but not limited to, work performed that includes lane closures, signing, work performed at night, detours, dust control, temporary pavement quality, crash cushions, temporary railings, pavement transitions, falsework, shoring, and delineation. The department shall regularly inspect the job sites for safety compliance and any possible deficiencies. If any deficiency is observed, a written notice shall be sent by the department to the regional transportation agency’s designated resident engineer to correct the deficiency. Once the deficiency is corrected, a written notice describing the resolution of the deficiency shall be sent to the department and documented. (c) The department shall use department employees or consultants under contract with the department to perform the services described in subdivisions (a) and (b), consistent with Article XXII of the California Constitution. Department employee and consultant resources necessary for the performance of those services, including personnel requirements, shall be included in the department’s capital outlay support program for workload purposes in the annual Budget Act. (d) “Construction inspection services” shall not include surveying work performed as part of a design-build contract. (e) This section shall remain in effect only until January 1, 2034, and as of that date is repealed. (f) If any provision or application of this section is held invalid by a court of competent jurisdiction, the department shall post on its internet website within 10 business days of the decision of invalidity that this section has been held invalid. (Amended by Stats. 2021, Ch. 212, Sec. 3. (AB 1499) Effective January 1, 2022. Repealed as of January 1, 2034, by its own provisions.) § 91.41 Division 1, Chapter 1, Article 3 (a) The Clean California Local Grant Program of 2021 is hereby established, to be administered by the department, to provide funding, upon appropriation by the Legislature, for the purpose of allocating grants to local and regional public agencies, transit agencies, and tribal governments for purposes of beautifying and cleaning up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. (b) It is the intent of the Legislature that the program established pursuant to subdivision (a) achieves all of the following goals: (1) Reduce the amount of waste and debris within public rights-of-way, tribal lands, parks, pathways, transit centers, and other public spaces. (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces. (3) Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. (4) Advance equity for underserved communities. (c) The department shall expedite the award of grants pursuant to this section by issuing a call for projects within six months of the effective date of this section. The department shall announce grant awards within three months following the call for projects. (d) (1) Within six months of the effective date of this section, the department shall develop guidelines, including project selection criteria and program evaluation metrics, to implement the program. The guidelines shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (2) In developing guidelines pursuant to paragraph (1), the department shall solicit input from local communities through at least two public workshops. (3) The guidelines shall include, but shall not be limited to, all of the following: (A) A process for allocating no less than 50 percent of the program funds to projects that benefit underserved communities. The department shall establish a definition for underserved communities that may include, but need not be limited to, disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code. A project eligible pursuant to this process shall clearly demonstrate a benefit to an underserved community or be directly located in an underserved community. (B) Requirements for local matching funds of no more than 50 percent of the total project cost. The department may establish a lower percent or zero-match requirement for applicants based on severity of disadvantage. (C) Project selection criteria that includes, but is not limited to, all of the following: (i) The demonstrated need of the applicant to address the goals of the program as described in subdivision (b). (ii) The potential for the project to enhance and beautify a public space or spaces. (iii) The potential for greening to provide shade, reduce the urban heat island effect, and use native, low-water plants. (iv) The potential for abatement of litter and debris that improves access to use of a public space or spaces. (v) Identification of the local public engagement process that culminated in the project proposal and reflects community priorities. (vi) The benefit to underserved communities. (D) Project types eligible for funding pursuant to the program that include, but are not limited to, both of the following: (i) Community litter abatement projects, events, and educational programming. (ii) Greening and landscaping projects. (E) A limit of five million dollars ($5,000,000) maximum per grant awarded pursuant to the program. (F) A prohibition on grants that fund projects that displace persons experiencing homelessness. (G) A funding distribution that takes into account the population that each project is intended to benefit relative to the total population that all projects awarded grants pursuant to the program will benefit, and the needs of underserved communities. (e) The department may authorize, and develop guidelines related to, an advance payment for a project funded by a grant awarded pursuant to the program. A grant applicant shall be eligible for an advance payment from the department for a project funded by a grant awarded pursuant to the program only if all of the following conditions are met: (1) The grant applicant is a public agency. (2) The grant applicant requests an advance payment in its initial grant application. (3) The project or project component for which the advance payment is requested is well defined and can be delivered by an agreed upon date. (4) The grant applicant has a record of good financial management and has not been sanctioned by any state or federal agency. (5) Upon request of the department, the grant applicant offers sufficient capital, as determined by the department, as security for an advance payment. (6) Upon request of the department, the grant applicant provides a finding approved by its governing body that demonstrates a financial need for an advance payment pursuant to the program to deliver the project. (Amended by Stats. 2022, Ch. 28, Sec. 150. (SB 1380) Effective January 1, 2023.) § 91.42 Division 1, Chapter 1, Article 3 (a) The Clean California State Beautification Program of 2021 is hereby established, to be administered by the department, to provide funding, upon appropriation by the Legislature, for purposes of beautifying and cleaning up state highways. (b) It is the intent of the Legislature that the program established pursuant to subdivision (a) achieves all of the following goals: (1) Reduce the amount of waste and debris within public rights-of-way, tribal lands, pathways, parks, transit centers, and other public spaces. (2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces. (3) Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. (4) Advance equity for underserved communities. (c) (1) Within six months of the effective date of this section, the department shall develop project selection criteria and program evaluation metrics and identify eligible projects. (2) The project selection criteria shall include, but shall not be limited to, all of the following: (A) The demonstrated need of the applicant to address the goals of the program as described in subdivision (b). (B) The potential for the project to enhance and beautify a public space or spaces. (C) The potential for greening to provide shade, reduce the urban heat island effect, and use native, low-water plants. (D) The potential for abatement of litter and debris that improves access to use of a public space or spaces. (E) Identification of the local public engagement process that culminated in the project proposal and reflects community priorities. (F) The benefit to underserved communities. The department shall establish a definition for underserved communities that may include, but need not be limited to, disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code. (G) Project types eligible for funding pursuant to the program that include, but are not limited to, all of the following: (i) Greening and landscaping projects. (ii) Gateway community identification projects. (iii) Enhanced infrastructure safety measures. (d) Consistent with applicable department policies and guidelines, program funds shall not be used to displace persons experiencing homelessness. (Amended by Stats. 2022, Ch. 28, Sec. 151. (SB 1380) Effective January 1, 2023.) § 91.43 Division 1, Chapter 1, Article 3 (a) The department may use job order contracting to construct projects through the Clean California State Beautification Program of 2021 as follows: (1) The department shall establish a procedure to prequalify job order contractors and shall prepare a set of documents for each job order contract. The documents shall include all of the following: (A) A unit book of construction tasks with preestablished unit prices. (B) Job order contract specifications. (C) Any other information deemed necessary to adequately describe the department’s needs. (2) Based on the documents prepared pursuant to paragraph (1), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department. (3) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. An extension or renewal shall be mutually agreed to by the department and the job order contractor. (4) Any job order contractor that is selected to construct a project pursuant to this subdivision shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require. (5) Nothing in this subdivision is intended to affect, expand, alter, or limit any rights or remedies otherwise available by law. (b) Project funds received pursuant to the Clean California Local Grant Program of 2021, the Clean California State Beautification Program of 2021, and any funds received by the department as reimbursement for project work under these programs shall not be considered transportation funds subject to Sections 182 and 183. (c) The Legislature finds that it is in the best interest of the state to facilitate the quick and efficient purchase of vehicles and related equipment, goods, and systems. Notwithstanding Section 10295.2 of the Public Contract Code and Section 13332.09 of the Government Code, the department is hereby delegated the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement the department’s supplemental Fleet Acquisition Plan Fiscal Year 2021–22 for the acquisition of 269 medium- and heavy-duty vehicles and equipment to support litter abatement. (d) As part of the 2022–23 and 2023–24 budgets, the department shall report to the Legislature on the Clean California Local Grant Program of 2021 and the Clean California State Beautification Program of 2021, including, but not limited to, the vehicles and equipment purchased pursuant to subdivision (c), cubic yards of litter collected, the locations and types of projects, and any other important project or program outcomes. (Added by Stats. 2021, Ch. 81, Sec. 18. (AB 149) Effective July 16, 2021.) § 91.5 Division 1, Chapter 1, Article 3 (a) The department may enter into an agreement to accept funds, materials, equipment, or services from any person for maintenance or roadside enhancement, including the cleanup and abatement of litter, of a section of a state highway. The department and the sponsoring person may specify in the agreement the level of maintenance that will be performed. (b) The director may authorize a courtesy sign. These courtesy signs shall be consistent with existing code provisions and department rules and regulations concerning signs. (Amended by Stats. 2003, Ch. 489, Sec. 1. Effective January 1, 2004.) § 91.6 Division 1, Chapter 1, Article 3 The department shall, within its maintenance programs relating to litter cleanup and abatement, assign a high priority to litter deposited along state highway segments adjoining storm drains, streams, rivers, waterways, beaches, the ocean, and other environmentally sensitive areas. The department may use litter traps in drains and any other effective technology in carrying out these responsibilities. (Added by Stats. 2003, Ch. 489, Sec. 2. Effective January 1, 2004.) § 91.8 Division 1, Chapter 1, Article 3 (a) The department shall, within its maintenance program, establish procedures for the removal and disposal of animal carcasses on state highways. (b) Notwithstanding any other provision of law, including, but not limited to, prohibitions on the possession and transportation of endangered or protected species, or the property rights associated with livestock and other commercially valuable animals, the department may remove or relocate an animal carcass from a state highway for safety purposes. (c) The department shall dispose of animal carcasses in an environmentally appropriate manner considering both of the following: (1) The animal’s probable legal status, whether as domestic or commercial property, wild, feral, protected, or endangered, as follows: (A) When practicable, an owner of a domestic animal shall be notified of the location or disposition of the animal carcass. Unless returned to the owner, license tags, nameplates, or other identification shall be retained by the department for 30 days. (B) A branded livestock carcass shall be removed from the roadway but not otherwise transported until the owner is contacted. If the owner cannot be identified, the department shall notify the regional brand inspector. (C) In the case of wild, feral, protected, or endangered animals, disposal shall be accomplished in accordance with applicable provisions of the Fish and Game Code. (2) If disposal technologies including, but not limited to, natural decomposition, burial, incineration, donation, rendering, or composting are not available or practicable, the department may use any nontraditional or novel technology that may be appropriate under the circumstances. (d) Animal carcasses shall not be relocated to or disposed of within 150 feet of waterways or drainageways that lead directly to waterways, or buried within five feet of groundwater. (e) The department shall maintain a record of designated disposal sites used for consolidation of animal carcasses. (Added by Stats. 2008, Ch. 257, Sec. 3. Effective January 1, 2009.) § 91.9 Division 1, Ch